Fixtures

Question 1

Fixture

Answer 1

Chattel that has been so affixed to land that it has ceased being personal property and has become part of the realty; if removed, must be before the end of the lease term

Question 2

Common ownership case

Answer 2

Person brings own chattel onto land and owns the land
Depends on objective intention of annexor (nature of article, manner of attachment, amount of damage, adaptation of item to the use of the realty)

Question 3

Divided ownership case

Answer 3

Person brings owned chattel onto unowned land or doesn’t own chattel but owns land; trade fixtures can be removed unless it would cause substantial damage to the property

Question 4

Always fixtures

Answer 4

When items are incorporated into realty so that they lose their identity, they become part of the realty
Even where identification is possible, if it would cause so much loss or destruction to remove them, they are fixtures

Question 5

TPs and fixtures

Answer 5

TPs lose their annexations whether installed in GF or not; TP can recover value added to land if TP was GF TP